4 Common Defenses to Domestic Violence Charges

If you have been arrested for domestic violence, you may feel like the deck is stacked against you. You were likely arrested because someone stated that you assaulted them and/or the police saw marks on the person that corroborate their story. With your word against theirs, you may feel like the case will be hard to fight and no one will believe your version of events.

Fortunately, a criminal defense attorney can use common defenses to help you fight the charges you are facing. Here are four common defenses that are often used to fight domestic violence charges.

1. The Injury Was Unintentional and Accidental

One of the defenses that can be raised if you are charged with a domestic violence offense is that the injuries that you inflicted on someone else were unintentional and/or accidental. For example, if you are in the kitchen chopping up vegetables with a knife and your spouse sneaks up behind you, you may turn around quickly due to the surprise and accidentally injure them. This was unintentional and accidental.

A defense attorney can use pictures of the accident scene, photos of the injuries, and statements from yourself, the victim and any witnesses to help prove an accidental or unintentional defense claim.

2. The Injury Occurred As You Were Defending Yourself

Another common defense to domestic violence charges is self defense. If you are in a heated argument with your spouse, they may come after you with an object or strike you. Out of fear, and in an effort to defend yourself, you may restrain them, push them or hit them back. Unfortunately, when the police arrive, they may see the injuries you caused and arrest you.

If you were arrested for domestic violence and you were defending yourself, ask the police to photograph any visible injuries on you, including scratches, welts, bruises and red marks. Being able to show that you were being assaulted can be extremely helpful for a defense attorney in proving self defense.

3. Consent Was Given For the Activity That Resulted in the Injury



One of the lesser-known defenses to domestic violence charges is that consent was given for the activity that led to the injuries. Many couples engage in consensual bedroom behavior that may result in injuries such as bruises on the buttocks or redness around the neck. If your partner consented to these activities, injuries that they sustained cannot be grounds for a domestic violence charge.

In most cases, the other party acknowledging that consent was given is enough to get charges dismissed. However, if the victim disputes that consent was given, a criminal defense attorney can use evidence and photos to corroborate your version of events, helping to get the charges reduced, dismissed or helping you to get acquitted.

4. The Allegations Made Are False

Another defense to domestic violence charges is that the allegations against you are flat out false. Unfortunately, domestic violence is often alleged during difficult breaks ups or when one party does not want the other party to have custody of the children. In these cases, the victim may make a false allegation of abuse to punish you or retain custody.

A great criminal defense lawyer can work to show where you were at the time the allegations were made and what the victims reason for alleging the abuse are. Without evidence that you committed the alleged violence, the charges against you should be dismissed.

Have you been arrested and charged with a domestic violence crime in the Fresno, Madera, Clovis, Sanger, Kingsburg, Selma, Reedley or Parlier, CA. area? Contact The Law Office of Ralph Torres as quickly as possible and let me begin to help you with a defense to the charges you are facing.